AWADH BIHARI MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioners have prayed for quashing the letter dated 3.5.2003 (Annexure -13) whereby the representation of the petitioners has been rejected holding that the untrained teachers would not be entitled for promotion from Grade -I scale onwards and that they would be entitled for promotion to Grade -I scale only from the date of obtaining the Teachers' Training.

(2.) THE petitioners were appointed as untrained teachers by the Human Resources Development Department, Government of Bihar in accordance with its policy decision and resolution dated 5.3.1991. The Government of Bihar had also framed the Rules known as the Bihar Primary School Teachers' Rule, 1991 in exercise of its power under Article 309 of the Constitution of India wherein there was a provision for appointing the untrained teachers and after appointment, for sending the said teachers for in -service Teachers' Training in the Government Colleges.

(3.) TODAY when the case is taken up for hearing, it has been submitted by learned Counsel for the petitioners that in the similar fact situation, other writ petitions have been disposed of by this Court holding that the petitioners' seniority is to be counted from the date of their appointment and that the petitioners are entitled for consideration of fixing their seniority from the date of their appointment and also for consideration of giving the benefit of Grade -IV scale after completion of 8/12 years of their service. Such directions have already been given by this Court in Balwant Sahay v. The State of Jharkhand and Ors. WP (S) No. 4235/2004 and Arun Sinha v. The State of Jharkhand and Ors. WP (S) No. 638/2006.